It’s widely understood that whistleblowers are protected so that they aren’t penalised in any way for coming forward. They also have a separate right not to be dismissed for having made a protected disclosure – any such dismissal is automatically unfair. But is the motive of the decision maker relevant when looking at these cases?… [Read More]
4 ways to control covert recording and protect your business
Recording business meetings and conversations has become easy and common. But what if these recordings end up on social media? It can cause a myriad of issues – loss of reputation, breach of confidentiality, and of course, data protection issues. As an employer you will need to protect your business, but also bear in mind… [Read More]
Case highlights nuances in discrimination for a disability
Disabled employees are protected from unfair treatment by their employer for a reason to do with their disability. Unfavourable treatment will amount to discrimination unless it can be objectively justified. So, for example, if an employee takes sick leave because of their disability, they shouldn’t be treated unfairly because of that, unless the employer can… [Read More]
Can an employee be found not personally liable for an act of discrimination when the employer is found liable?
What is vicarious liability? ‘Vicarious liability’ means that, usually, employers are responsible for discriminatory actions by their employees if they occur during employment. However, employees can also be personally responsible for discrimination. Claimants can bring certain discrimination claims against both their employer and the individual employees involved. Baldwin v Cleves School and others The Employment… [Read More]
5 holiday pay essentials in 2024
Holiday pay – the basics From January 1, 2024, statutory holiday (4 weeks of holiday pay each year) must be paid at ‘normal pay’ which should include: Statutory holiday vs. additional holiday Fixed pay vs. variable pay Irregular hours and part-year workers No pay in lieu, during employment Employees must take their holiday. As an… [Read More]
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